Opinion
NO. CAAP-15-0000471
04-20-2016
THE ESTATE OF CHRISTOPHER LANDERS, through the Estates Personal Representative, DOROTHY A. LANDERS, DOROTHY A. LANDERS, individually, ROBERT C. LANDERS, JOHN D. LANDERS, III, and KIMBERLY ANN PRATT, Plaintiffs-Appellees, v. BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, a foreign corporation, Defendant-Appellant, and FORD MOTOR COMPANY, a foreign corporation, Defendant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE GOVERNMENTAL ENTITIES 1-10, Defendants FORD MOTOR COMPANY, Third-Party Plaintiff/Appellee, v. PATRICK ALAPAI, Third-Party Defendant/Appellee BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, Third-Party Plaintiff/Appellant, v. PATRICK ALAPAI, individually, Third-Party Defendant/Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 14-1-164K) ORDER APPROVING THE APRIL 4, 2016 STIPULATION TO DISMISS THE APPEAL
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon consideration of the "Stipulation to Dismiss Appeal Pursuant to Rule 42(b), Hawaii Rules of Appellate Procedure," filed on April 4, 2016, and the record, and noting no opposition, it appears that (1) Plaintiffs-Appellees The Estate of Christopher Landers, et al., Defendant/Third-Party Plaintiff/Appellant Bridgestone Americas Tire Operations, LLC, Defendant/Third-Party Plaintiff/Appellee Ford Motor Company, and Third-Party Defendant/Appellee Patrick Alapai stipulate to dismiss Appeal No. CAAP-15-0000471; (2) the parties' attorneys have signed the stipulation; (3) the stipulation provides that the parties are to bear their own costs and attorney's fees; (4) the appeal has been' docketed; (5) no payment is due; and (6) Hawai'i Rules of Appellate Procedure Rule 42(b) provides, "If the parties to a docketed appeal or other proceeding sign and file a stipulation for dismissal, specifying the terms as to payment of costs, and pay whatever fees are due, the case shall be dismissed upon approval of the appellate court[.]"
Therefore, IT IS HEREBY ORDERED that Appeal No. CAAP-15-0000471 is dismissed.
DATED: Honolulu, Hawai'i, April 20, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge